24 September 2020 The Committee Manager Legislative Assembly Environment and Planning Committee Parliament House Spring Street EAST MELBOURNE VIC 3002 Dear Committee Manager MONASH CITY COUNCIL SUBMISSION TO THE INQUIRY INTO ENVIRONMENTAL INFRASTRUCTURE FOR GROWING POPULATIONS Thank you for providing the Monash City Council with the opportunity to make a submission to the above inquiry. The City of Monash is located 20 kilometres south east of the Melbourne CBD. It has a population of 189,000 residents in 2016 (projected 200,148 in 2020). The population is expected to increase to over 238,000 by 2036. The rising population has resulted in an increase in the number of households and it is estimated that this will continue to drive demand for almost 15,000 new dwellings over the period 2021-2036. This is likely to be even higher due to the planning of the Suburban Rail Loop and potential for development intensification at the proposed major connecting stations at Glen Waverley, Clayton and Monash University. The Monash community highly values its environmental infrastructure. Monash is known for its ‘garden city character’ and Monash 21 establishes a vision for ‘a green and naturally rich city that keeps its green leafy character and values open spaces’. Monash Council has developed a number of important strategies and documents to manage, protect and enhance environmental infrastructure: Monash Open Space Strategy 2018 (MOSS). The MOSS sets out a framework of how to plan for the future needs of the existing and growing community for a Monash open space network of sports and leisure reserves, local parks and trails over the next 10 years. Monash Urban Landscape and Canopy Vegetation Strategy 2018 (MULCVS). The MULCVS looks at what defines ‘garden city’ character, what can be done to improve this characteristic, and how to balance development and greening of the landscape. Monash Environmental Sustainability Strategy 2016 to 2026. The Strategy explores the current and emerging sustainability issues facing the City and sets Council’s environmental goals for the future and proposes actions that will help reach these goals; including a commitment to the continued reduction of Council’s greenhouse gas emissions. Monash Urban Biodiversity Strategy 2018. The strategy looks at a range of threats such as habitat loss or fragmentation, pest plants and animals, population increase, climate change and impacts to water quality which can affect biodiversity. The strategy identifies opportunities to enhance biodiversity and a range of initiatives to minimise these threats. The current legislative framework has limitations that impact on the ability to effectively deliver on the implementation actions of these reports. Two of these the City of Monash wishes to highlight as they are of interest to the Inquiry and are significant across Victoria and for all local government areas. 1. Outdated Legislation for public open space contributions In 2008, the then Minister for Environment and Climate Change requested the Victorian Environment and Assessment Council (‘VEAC’) to undertake an investigation into public land use (including use of public open space) in metropolitan Melbourne. In its final report in 20111 VEAC recognised that public open space is a key contributor to Melbourne’s liveability that is under pressure. It also recognised that even maintaining the current contribution of open space to liveability in Melbourne would require acquisition of new open space. As an example the City of Monash was identified by the VEAC report as having one of the lowest levels (5th lowest) of public open space as a percentage of the municipal area. VEAC predicted that between 2006 and 2026 on a per capita basis, public open space provision in the City of Monash would fall from 46m² per person to 40m² per person. More recent material suggests that the fall has been greater, with the Victorian Planning Authority estimating public open space per capita in the City of Monash as being 38.3m² per person2. These sorts of changes are not just occurring in the City of Monash but all across local government areas in Melbourne and Victoria. The changes are being driven by very high population growth primarily within Melbourne in recent years and the need to plan for this growth through the promotion of planning policy that significantly increases housing densities through infill and medium to high-density housing in existing urban areas. This has an impact on planning for infrastructure, such as public open space, where higher and higher demands are placed on the existing infrastructure provision. The increase in demand is not only the result of population increase, but is also due to decreasing housing lot sizes and greater levels of apartment development resulting in less private open space per household. 1 Victorian Environmental Assessment Council, Metropolitan Melbourne Investigation Final Report (August 2011). 2 Victorian Planning Authority, Metropolitan Open Space Network – Provision and Distribution (2017) 2 Legislation and regulation for open space improvements through development is outdated and developed prior to significant population and density increases noted above. Key aspects that require review include: The Subdivision Act 1988 at S.18(5) requires that a public open space contribution may be made only once in respect of the land subdivided. This is quite restrictive, particularly if the land was subdivided a number of years ago into two lots and a high density development with numerous lots and therefore population increase is now proposed on the site and development contributions are not able to be sought to address the increased demand on open space. Another example would be if the land is in an industrial area that has been rezoned for mixed use or residential purposes, and due to previous subdivision of the land further development contributions are not able to be sought. The Subdivision Act 1988 at S.18(8c) sets out that an open space contribution cannot be sought for a two lot subdivision – only three or more lots. It is unclear what the intention of this provision was originally, but infill development and two lot subdivision makes up a significant proportion of development intensity in the City of Monash. This development accordingly results in increased demand on open space infrastructure, but there is no ability to seek contributions to improve the provision of open space. Subdivision of three lots or above is essentially required to subsidise the demands on public open space from two lot subdivision. There is no ability to seek a public open space contribution for any development that does not involve a subdivision. Not all medium or high density development that occurs across Melbourne involves a subdivision. There is no mechanism to seek development contributions unless voluntary provision of open space is either gifted or negotiated. This development often occurs in areas of high population such as activity centres, where public open space can already be limited and high additional demands will be placed on the existing open space. This is a serious short coming in the current legislative framework due to the tens of thousands of people that are being planned for in this manner. In its final report VEAC recognised the difficulties faced by Councils as a result of population growth. It identified a need in Recommendation 9 for the Government to review the open space policy and the provisions of the Victorian Planning Provisions (VPP) and the Subdivision Act 1988 with the aim of assisting metropolitan local Councils meet the challenges of population increase by maximising the contribution of open space through subdivision of land. 3 This recommendation, although supported in principle by the government of the day, was never acted upon. Based on the reasons stated above, Monash Council considers that there is an urgent need to review the VPP and Subdivision Act. As a further example, Monash Planning Scheme Amendment C148 seeks to increase the level of public open space contributions that it receives through development applications. This is in response to the recognised shortfalls of public open space in the City of Monash in line with the predicted level of population growth. There is significant cost involved in undertaking such an amendment including the preparation of the Monash Open Space Strategy, and the planning scheme amendment and Planning Panels Victoria processes. This is a cost that is ultimately born by our ratepayers, a situation that is replicated across many Victorian Councils. A key part of Monash Amendment C148 involved the development of an appropriate open space standard based on a per person rate of 30m² or the cash equivalent. Supported by work undertaken by SGS Economics and Planning, the 30m² rate was based on national and international standards of open space provision for recreation and general wellbeing. The new SGS methodology greatly simplifies the open space contribution process, and differs from the traditional approach of preparing a costed "laundry list" of open space projects and developing a contribution rate based on an apportionment of the cost to new population. This an innovative approach taken by Council recognised the contemporary context of open space and population needs, and greatly simplified the process. The Planning Panel Hearing to consider Amendment C148 was held in February 2020, and the Interim Panel Report was released in April 2020. The Panel in their report, noted that the idea of 30 square metres per capita as a benchmark or aspiration or a comparative metric has merit. However, they considered that there were issues using this as a standard to derive a public open space contribution rate as planning standards require testing and debate. They advised this should be derived from the VPP, from a government authority or from other sources where they have been tested through a process of a wider review, debate and consultation.